Perpetual Trustee Company Ltd v English [2011] NSWSC 264

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Ltd v English [2011] NSWSC 264 Hearing dates: 23 March 2011 Decision date: 23 March 2011 Before: Rein J Decision: 1. Order under s 74MA of the Real Property Act 1900 (NSW) that the second defendant provide a withdrawal of caveat registered AG 116427 lodged on Title Folio 136/SP75167 for the land in Lot 136 in Strata Plan 75167 known as Suite 407, 250 Pitt St, Sydney NSW 2000 by 10am on 25 March 2011. 2. First defendant to pay the plaintiffs' costs on the usual basis. Catchwords: REAL PROPERTY - application under s 74MA of the Real Property Act 1900 (NSW) for the removal of a caveat lodged by the first defendant - whether the form of the caveat is inadequate and hence should be removed - PROCEDURE - costs - whether the first defendant should be ordered to pay the costs of the plaintiffs on an indemnity basis Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Brown v Heffer (1967) 116 CLR 344 Circuit Finance Pty Ltd v Crown & Gleeson Securities Pty Ltd [2005] NSWSC 997 Hanson Construction Materials Pty Ltd v Vimwise Civil Engineering Pty Ltd [2005] NSWSC 880 Legione v Hateley [1983] HCA 11; (1983) 152 CLR 406 Raptis v Wija Investments Development Pty Ltd [2007] NSWSC 870 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Category: Principal judgment Parties: Perpetual Trustee Company Ltd ACN 000 001 007 (first plaintiff) Challenger Managed Investments Ltd ACN 002 835 592 (second plaintiff) Trent English (first defendant) T-Networks Pty Ltd ACN 090 591 950 (second defendant) Representation: Counsel: P Dowdy (plaintiffs) T English (first defendant in person) Solicitors: Norton Rose Australia (plaintiffs) File Number(s): SC 2011/90645